The lawyers who will prosecute Texas Attorney General Ken Paxton said the rules of his upcoming historic impeachment trial are fair to both sides. Paxton's...
Eckhardt, a two-term Democrat from Austin, filed a statement on her vote indicating that she opposed the rules because they create “an intentionally unlevel playing field” that favors Paxton.Conviction requires a two-thirds majority vote of the Senate. But Paxton’s defense team could win dismissal of any articles of impeachment with a simple majority vote of the Senate.
“On one hand, she is deemed ‘not eligible to vote’ and on the other hand she is deemed eligible for purposes of calculating the votes,” Garber said.Had she not been counted, a verdict removing him from office would have required 20 senators out of 30. Now, 21 are needed. The rules also appear like the Senate will consider the facts and information that’s revealed at the trial, Garber noted. It won’t be like the impeachment trials of former Presidents Donald Trump and Bill Clinton — where the outcome was all but assumed before the proceedings began, he said.
Another factor that will impact the length of the trial is a rule that indicates the Senate will avoid the several articles of impeachment tied to his lengthy indictment for felony securities fraud. One of the impeachment articles, for example, accuses Paxton of obstruction of justice because theRottinghaus questions whether senators can be selective about which articles they pursue.“It’s not clear that they can decide to deal with some of the articles and not others,” Rottinghaus said.
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